R22-124 1 RESOLUTION NO. R22-124
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING
3 AND AUTHORIZING THE INTERIM CITY MANAGER TO SIGN AN
4 AMENDMENT TO THE CONTRACT WITH A-1 AIR SOLUTIONS TO INCREASE
5 THE ESTIMATED ANNUAL EXPENDITURE FROM $150,000 TO $275,000 FOR
6 THE PERIOD OF THE CITY BID CONTRACT 012-2511-20/EM WHICH EXPIRES
7 ON MAY 4, 2023;AND PROVIDING AN EFFECTIVE DATE.
8 WHEREAS, on May 6, 2020, the City Commission approved City Bid 012-2511-20/EM and
9 Resolution No. R20-037 with A-1 Air Solutions for HVAC maintenance and mechanical services
10 with an annual expenditure of $150,000; and
11 WHEREAS, due to extensive maintenance, increase in material cost and weighing out the
12 cost differential of replacing a unit to making repairs because it has not reached its life-cycle for
13 a change-out for all City buildings, the annual expenditure has exceeded the initially approved
14 amount; and
15 WHEREAS, staff is requesting the Commission approve an increase in the estimated
16 annual expenditure with A-1 Air Solutions from $150,000 to $275,000 to cover expenses for the
17 remainder of the year and pending invoices needing to be paid; and
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
19 recommendation of staff, deems it to be in the best interests of the City residents to approve and
20 authorize the Interim City Manager to sign an amendment to the Contract with A-1 Air Solutions
21 to increase the estimated annual expenditure from $150,000 to $275,000 for the period of the City
22 Bid contract 012-2511-20/EM which expires on May 4, 2023.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
24 BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. Each Whereas clause set forth above is true and correct and incorporated
26 herein by this reference.
27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
28 approve and authorize the Interim City Manager to sign an Amendment to the Contract with A-1
S:\CA\RESO\Agreements\Amendment To Contract With A-1 Air Solutions-Reso.Docx
29 Air Solutions to increase the estimated annual expenditure from $150,000 to $275,000 for the
30 period of the City Bid contract 012-2511-20/EM which expires on May 4, 2023. A copy of the
31 Amendment is attached hereto as Exhibit "A".
32 Section 3. That this Resolution shall become effective immediately upon passage.
33 PASSED AND ADOPTED this 11-41 day of September, 2022.
34 CITY OF BOYNTON BEACH, FLORIDA
35
36 YES/ NO
37 Mayor—Ty Penserga ,/
38 tV
39 Vice Mayor—Angela Cruz
40 1/
41 Commissioner—Woodrow L. Hay
42 V
43 Commissioner—Thomas Turkin
44
45 Commissioner—Aimee Kelley
46
47 VOTE 0
48 ATTE :
49 /
50 l .,
51 Maylee De : us, MPA, C Ty Pens,ha
52 City Cle k Mayo/
53 ----ONION `‘‘
54 �'OeC�00,..Are.���'I, APP A /0 -• 'M:
55 (Corporate Seal) ;4" SEA •�
56 v: INDORPingED I 1
57 1� 1920 .1 1Michael D. Cirullo, Jr.
58 \ ••••.....•••'N. City Attorney
S:\CA\RESO\Agreements\Amendment To Contract With A-1 Air Solutions-Reso.Docx
AMENDED
CONTRACT NO. 012-2511-20/EM
FOR
"HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as
"the City", and A-1 Air Solution, LLC, 849 SW 20th Ave., Okeechobee, Florida 34974, hereinafter
referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1. PROJECT DESIGNATION. The Vendor is retained by the City to provide HVAC
MAINTENANCE AND MECHANICAL CONTRACT SERVICES as outlined in INVITATION
TO BID #012-25111-20/EM, which with the Vendor's response to the ITB by reference are
hereby made part of this agreement.
2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified on Exhibit "A"
Scope of Services attached hereto and incorporated herein by reference, including the
provision of all labor, materials, equipment and supplies on an "AS NEEDED" basis on the
unit. No modifications will be made to the original scope of work without the written approval
of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving
of written notice by the City to the Vendor to proceed. Vendor shall perform all services and
provide all work product required pursuant to this Agreement effective effective upon date the
contract is fully executed by all parties.
4. TERM. The initial term of the contract shall be for three (3) years effective upon date the
contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in
consultation with the Finance Director may extend the agreement at the same terms, and
conditions, for three (3) one-year renewals (exercised separately) subject to vendor
acceptance, satisfactory performance as determined by the Purchasing Manager, and
determination by the Purchasing Manager that renewal will be in the best interest of the City.
An increase in cost of less than 2% for each extension may be approved by the City
administration and does not require Commission approval.
5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services
rendered under this Agreement as follows:
e • -- - - •• e e :.•99,999.1e - - -
cervices provided under this Agreement for the entire term of the Agreement.
The total contract price in the amount of as specified in Exhibit "B" Schedule of Prices for
an annual estimated amount of$150,000 for the first two years. For year three (3) and the
remaining optional three (3) one-year renewal terms at an annual estimated amount of
$275,000. A total of $1,400,000 estimated amount over the total potential term of the
agreement, shall be the total amount of payment to Vendor for services provided under this
Agreement for the entire term of the Agreement.
c-1
b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted
to the City properly, provided that the total amount of payment to Vendor shall not exceed
the total contract price without express written modification of the Agreement signed by the
City Manager or designee and invoices are in accordance with the Exhibit "B" Schedule of
Prices.
c. The Vendor may submit invoices to the City once per month during the progress of the work
for partial payment. Such invoices will be checked by the City, and upon approval thereof,
payment will be made to the Vendor in the amount approved.
d. Final payment of any balance due the Vendor of the total contract price earned will be made
promptly upon its ascertainment and verification by the City after the completion of the work
under this Agreement and its acceptance by the City.
e. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered, and for all materials, supplies, equipment and incidentals
necessary to complete the work.
f. The Vendor's records and accounts pertaining to this Agreement are to be kept available
for inspection by representatives of the City and State for a period of three (3) years after
the termination of the Agreement. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Vendor in connection with the services rendered under this
agreement shall be the property of the City whether the project for which they are made is
executed or not. The Vendor shall be permitted to retain copies, including reproducible copies,
of drawings and specifications for information, reference and use in connection with Vendor's
endeavors.
7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton
Beach, ordinances and regulations that are applicable to the services to be rendered under
this agreement.
8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices,
agents and employees, from and against any and all claims, losses or liability, or any portion
thereof, including attorney fees and costs, arising from injury or death to persons, including
injuries, sickness, disease or death to Vendor's own employees, or damage to property
occasioned by a negligent act, omission or failure of the Vendor.
9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of$1,000,000 per occurrence to$2,000.000 aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon thirty
(30) days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be
C-2
entitled to any benefits accorded City employees by virtue of the services provided under this
Agreement. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Vendor, or any employee of
Vendor.
11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed
or retained any company or person, other than a bona fide employee working solely for the
Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Vendor any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under
this agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. Upon thirty (30) calendar days' written notice to Contractor, City may, without cause and
without prejudice to any other right or remedy, terminate this Agreement for City's
convenience. Where the Agreement is terminated for the convenience of City, the notice
of termination to Contractor must state that the Agreement is being terminated for the
convenience of the City under this termination clause, the effective date of the termination,
and the extent of termination. Contractor shall be paid for the services up to and including
the effective date of the termination. This shall mean payment for all completed tasks and
payment for uncompleted tasks based upon a percentage of completion of such
uncompleted tasks. Contractor shall not be paid on account of loss of anticipated profits
or out of or resulting from such termination.
b. In the event of the death of a member, partner or officer of the Vendor, or any of its
supervisory personnel assigned to the project, the surviving members of the Vendor
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Vendor and the City, if the City so chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a court
of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed
under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
C-3
James Stables, Interim City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Vendor shall be sent to the following address:
Damian Garcia
A-1 Air Solution, LLC
849 SW 20th Avenue
Okeechobee, Florida 34974
Phone: 863-623-6203
Email: a1airsolutionsokeeqmail.com
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Firm and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Firm.
19. PUBLIC RECORDS. The CITY is public agency subject to Chapter 119, Florida Statutes.
COMPANY shall comply with Florida's Public Records Law, as applicable. Specifically,
COMPANY shall:
a. Keep and maintain public records required by the CITY to perform the service.
b. Upon request from the CITY's custodian of public records, provide the CITY with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes, or as otherwise provided by law.
c. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and, following completion of the Agreement if
the COMPANY does not transfer the records to the CITY.
d. Upon completion of the contract, transfer, at no cost, to the CITY all public records
in possession of the COMPANY or keep and maintain public records required by
the CITY to perform the service. If the COMPANY transfers all public records to the
CITY upon completion of the contract, COMPANY shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements.
e. If the COMPANY keeps and maintains public records upon completion of the
contract, the COMPANY shall meet all applicable requirements for retaining public
records. All records stored electronically by COMPANY must be provided to the
CITY, upon request from the CITY's custodian of public records, in a format that is
compatible with the information technology systems of the CITY.
C-4
The failure of COMPANY to comply with the provisions set forth in the Agreement
shall constitute a Default and Breach of the Agreement, for which, the CITY may
terminate the Agreement.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk@bbfl.us
21. SCRUTINIZED COMPANIES -- 287.135 AND 215.473. By execution of this Agreement,
Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further
certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on
the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been
engaged in business operations in Syria. Subject to limited exceptions provided in state law,
the City will not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material breach of
contract. The City shall provide notice, in writing, to Contractor of the City's determination
concerning the false certification. Contractor shall have five (5) days from receipt of notice to
refute the false certification allegation. If such false certification is discovered during the
active contract term, Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination of false certification was made in
error. If Contractor does not demonstrate that the City's determination of false certification
was made in error then the City shall have the right to terminate the contract and seek civil
remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.
22. E-VERIFY
22.1 Contractor certifies that it is aware of and complies with the requirements of
Section 448.095, Florida Statutes, as may be amended from time to time and
briefly described hereinbelow.
1) Definitions for this Section:
"Contractor" means a person or entity that has entered or is attempting to enter
into a contract with a public employer to provide labor, supplies, or services to
such employer in exchange for a salary, wages, or other remuneration.
"Contractor" includes, but is not limited to, a vendor or consultant.
"Subcontractor" means a person or entity that provides labor, supplies, or
services to or for a contractor or another subcontractor in exchange for a salary,
wages, or other remuneration.
"E-Verify system" means an Internet-based system operated by the United
States Department of Homeland Security that allows participating employers to
electronically verify the employment eligibility of newly hired employees.
2) Registration Requirement; Termination:
Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021,
Contractors, shall register with and use the E-verify system in order to verify the
work authorization status of all newly hired employees. The contractor shall
register for and utilize the U.S. Department of Homeland Security's E-Verify
System to verify the employment eligibility of:
a) All persons employed by a Contractor to perform employment
duties within Florida during the term of the contract; and
b) All persons (including sub-vendors/sub-consultants/sub-
contractors) assigned by Contractor to perform work pursuant to
the contract with the City of Boynton Beach. The Contractor
acknowledges and agrees that registration and use of the U.S.
Department of Homeland Security's E-Verify System during the
term of the contract is a condition of the contract with the City of
Boynton Beach; and
c) The Contractor shall comply with the provisions of Section
448.095, Fla. Stat., "Employment Eligibility," as amended from
time to time. This includes, but is not limited to registration and
utilization of the E-Verify System to verify the work authorization
status of all newly hired employees. The contractor shall also
require all subcontractors to provide an affidavit attesting that the
subcontractor does not employ, contract with, or subcontract with,
an unauthorized alien. The Contractor shall maintain a copy of
such affidavit for the duration of the contract. Failure to comply will
lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated
immediately. Any challenge to termination under this provision
must be filed in the Circuit Court no later than twenty (20) calendar
days after the date of termination. Termination of this Contract
under this Section is not a breach of contract and may not be
considered as such. If this contract is terminated for a violation of
the statute by the Contractor, the Contractor may not be awarded
a public contract for a period of one (1) year after the date of
termination.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK
C-6
This Agreement will take effect once signed by both parties. This Agreement may be
signed by the parties in counterparts which together shall constitute one and the same agreement
among the parties. A facsimile signature shall constitute an original signature for all purposes.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day
and year set forth below their respective signatures.
DATED this day of 6t)1,( _.k �� , 2022.
l
CITY OF BOYNTON BEACH A-1 Al' '•OLUTION, LLC
i AA A....
J Stables, Interim City Manager O-Yr e' dez, President
IS . PnCe2 ! 'lllrAr,Ie2
taint Name of u horized Official
Title
(Corporate Seal)
Attest/Authenticated:
_Lc- - , ---- '
Witn:
Fi t0..4 . _ .- t Y APrint Name
A, jj:s t or .
Michael D. Cirullo, Jr.
Office of the City Attorney
Att-: :d/Authen 'ca -d`.
City CI•,, k ,7_OV N o//N%
f j SEAL \
$ ;INCORPORATED
'I, •.• 1920
•
% •••......•••
‘``‘ FLOR\OP
C-7
01 0,
O ,
O1-t
City of Boynton Beach
EXHIBIT A
SCOPE OF SERVICES
1.3.1 PURPOSE:
Perform normal and on-call HVAC Maintenance and Mechanical Services to designated City of
Boynton Beach (referred to as COBB)facilities as directed by the Contract Administrator or their
designee.
1.3.2 TECHNICAL SPECIFICATIONS AND SCOPE OF WORK:
It shall be the Contractor's responsibility to provide monthly preventative maintenance to
effectively maintain, to the satisfaction of the COBB, all aspects of HVAC systems at the COBB
facilities. For the purpose of this contract, the routine preventative HVAC maintenance shall be
defined as scheduled routine inspection and proactive servicing of HVAC systems so as to
facilitate heating/cooling with a minimal downtime. The routine maintenance and all repairs shall
be provided in accordance with the highest standards of the industry (ANSI/ASHRAE/ACCA
Standard 180-2018), skill, workmanship, applicable trade practices, meet warranties and in
conformance to all applicable laws, codes and regulations. The successful Contractor's
maintenance program and repairs shall, at a minimum, include but not be limited to the
specifications outlined herein.
The equipment to be maintained includes but is not limited to, split systems, exhaust fans, gas
fired unit heaters, package units, bard units, and forced air systems. The equipment to be
maintained is of various types of manufacturers.
The Contractor shall furnish all labor, supervision, materials, (except filters, the COBB will supply all
cardboard and metal framed filters),and test equipment to facilitate all major and minor repairs, new
installations of various HVAC equipment, and perform monthly preventive maintenance regularly
found in the HVAC field including but not limited to:
Boiler Systems Mini-split Systems
Chilled Water Systems Wall mounted package units (Bard Units)
Cooling Towers Roof/Ground mounted package units
Duct Work Exhaust Systems Variable Frequency Drive (VFD)
Water Pumps Variable Air Volume (VAV)
Window/Through Wall A/C Systems Mechanical Piping
C-8
Bi-Annual Ductwork Inspection Monthly Air Handler Unit Ductwork Inspection
Automatic ice-makers Water Fountains
Duct Cleaning including Air Handlers
Prior to beginning any repair or replacement outside the scope of preventative maintenance work,
the Contractor will troubleshoot the system to diagnose the system's problems. The COBB shall
not incur any extra charge for this service. Contractor shall provide a quote to the COBB prior to
any and all repairs and replacements. Repairs and replacements will not begin without
authorization from the Contractor Administrator or their authorized designee. The COBB reserves
the right to obtain additional work quotes and service from trade companies other than the
successful bidder for repair and replacement of work and materials.
All services shall include all necessary labor charges, tools, fuel, equipment and materials
delivered and installed in accordance with N.F.P.A, local and State regulations, ASHRE, OSHA and
District Master Specifications.
1.3.3 PERFORMANCE WARRANTY:
The vendor shall guarantee all work, equipment and materials included in the service against any
defects in workmanship; and shall satisfactorily correct, at no cost to City, any such defect that
may become apparent within a period of one year after completion of work. The warranty period
shall commence upon date of acceptance, inspection and approval by City Representative only.
If the vendor is notified in writing of a deficiency in the work provided, within one year from
completion of the work, the vendor shall, at City's option, re- perform the work in question at no
additional cost to City, or refund the original charges for the work in question to City, including the
difference in cost if any, to re-perform the work if completed by another vendor.
1.4 GENERAL REQUIREMENTS:
A. EMERGENCY REPAIRS:
The Contractor shall have a 24/7 on-call service availability for emergency repairs, defined as
situations where immediate repairs are required to prevent the loss of service to alleviate the
possibility of a situation which would adversely and unduly affect the safety, health or comfort of
building, occupants, or otherwise cause loss to the COBB. In the event of an emergency the
contractor shall respond as follows:
• 30 minutes to acknowledge emergency call, email or text.
• 90 minutes to be on site.
B. COMMUNICATIONS:
The contractor or his/her representative will meet with the City's contract administrator every other
Monday, to discuss schedules, problems, needs, and mutual areas of concern.
All contracted employees (including sub-contractors) shall have the qualifications, certifications,
and training in the following:
1. AC troubleshooting, maintenance and repair
2. Heating systems & boilers
3. Energy efficiency & green awareness
4. Testing & balancing of HVAC systems
5. Centrifugal Chiller troubleshooting, maintenance and repair
6. R-Series Chiller troubleshooting, maintenance and repair
7. VFD installation and programming
8. Proficient in the following:
C-9
I
a. Tracer Summit Installation and Programming
b. Trane ICS Systems Certification
c. Niagara AX Certification
d. Trane Comm 5 Automation
C. SECURITY AND ACCESS:
All contract/sub-contract employees will display City issued photo identification badges while
working on City premises. No contract/sub-contract employee will be allowed access to any City
facilities area without displaying the required City issued photo identification badge, wearing
uniform shirts clearly identifying the company's name, and wearing closed toe, rubber soled shoes
at all times. Also, while shorts are acceptable, they cannot be more the 3" above the knee caps.
The contractor/sub-contractor will work in several areas which are:
1. Under secured access
a) Shall be maintained in a secured condition and will be locked immediately upon
the contractor completing their work.
2. Generally opened to the public for meetings, rentals, and other uses.
D. PAYMENT/ PAYMENT TERMS:
Payment will be made after the goods/services from the awarded vendor have been
received/completed; inspected and found to comply with award specifications, free of damage or
defect; and a properly billed invoice is received and processed in the Accounting Services
Department.
Payment will not be processed until the following occurs:
1. The complete and satisfactory receipt of all items ordered. All pricing in accordance
with the bid.
2. The receipt of a properly billed invoice sent to the Contractor Administrator.
Invoices to the COBB MUST include the following to permit verification of prices and
expedite payment to vendors:
1. Name and Address of Vendor
2. A Unique Invoice Number
3. Date of Service(s)
4. Itemized pricing to include copy of vendor's invoice for any equipment and parts used
(including mark-up as specified in Attachment "C".
5. City of Boynton Beach Purchase Order Number
Failure to timely submit invoices(s)within 30 days to the Contract Administrator as set forth above
may significantly delay processing and payment of the invoice.
The above terms and conditions are agreed to by submitting an offer on this bid.
E. INCORRECT PRICING/INVOICES:
Any pricing on invoices that are incorrect or freight charges that were not included on the original
Purchase Order, must be brought to the attention of the Contract Administrator and corrected prior
to the shipment(s) of goods or initiation of services. Additional costs that were not brought to the
Contract Administrator's attention and did not receive written approval via a Change Order issued
by the Purchasing Agent may not be honored.
F. CHANGE ORDERS:
Any addition(s)to the Scope of Work or to a Purchase Order as a result of the bid award that adds
additional costs must be brought to the Contract Administrator's attention and approved by the
C-10
Purchasing Department prior to commencement of additional work, shipment of goods or the
addition of unauthorized freight charges. Once approved, a Change Order will be issued to include
the additional costs and work may commence and/or shipment of goods can begin. Additional costs
that were not brought to the Contract Administrator's attention and did not result in a Change Order
approved by the Purchasing Agent may not be honored.
G. COMPLETION OF SERVICES/LIQUIDATED DAMAGES:
The completion date for repairs or projects shall not exceed quoted or set project schedule, unless
written request for extension and the approved authorization has been granted. Should the bidder
to whom the repair work is awarded, fail to complete the work within the number of days stated in
the quote, the COBB reserves the right to:
1. Collect liquidated damages in the amount of$250 per day work is not completed OR
2. Cancel the contract with the bidder and to secure the services through another source
of supply to complete the work.
If the COBB exercises one of these options, the COBB may at its option request payment from the
bidder through invoice or credit memo, for any additional costs over and beyond the original quoted
prices, which were incurred by the COBB as result of having to secure the services elsewhere or
for liquidated damages. If the bidder fails to honor this invoice or credit memo, the COBB may
remove that bidder from the contract.
H. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER:
The successful Bidder shall promptly correct all deficiencies and/or defects in work and/or any
work that fails to conform to the Contract Documents; whether or not fabricated, installed or
completed. All corrections shall be made within 24 hours after such rejected defects, deficiencies,
and/or non-conformances are reported in writing (email, memo, inspection reports, etc.) to the
Bidder by the Contract Administrator or designee. The Bidder shall bear all costs of correcting
such rejected work. If the Bidder fails to correct the work within the period specified; the COBB
may, at its discretion, notify the Bidder, in writing, that the Bidder is contractually default and obtain
the services of another vendor to correct the deficiencies, and charge the Bidder for these costs;
either through a deduction from the final payment owed to the Bidder or through invoicing.
I . CONTRACTOR'S RESPONSIBILITY:
1. Upon award of contract the contractor shall provide within 90 days a complete inventory list
of all HVAC equipment for the COBB facilities.
2. Upon award of the contract, the Contractor shall replace all cardboard filters and inspect
metal framed filters and write the date of the filter change on the filter.
3. Upon award of contract,the contractor shall affix to the unit an inspection/maintenance sticker
of the date of inspection.
4. Contractor shall inspect monthly, all filters (cardboard and metal framed), cardboard filters
shall be replaced monthly, metal framed filters shall be replaced every 12 months. Contractor
shall write on the filter at every monthly inspection with a sharpie the date of the inspection.
5. Contractor shall inspect monthly, electrical connections, gas levels (if the pressures are low
then perform a leak check), exhaust fans, belts, motors, bearings, etc. for proper operation.
6. Contractor shall monthly flush and clean condensation lines.
c-1 t
7. Contractor shall quarterly clean ice maker coils.
8. Contractor shall change monthly all "single" cartridge ice makers.
9. Contractor shall change monthly the "white" cartridge on the 3 filter system ice makers.
10. Contractor shall monthly inspect bottle filling water fountains and change filter cartridge when
the light is lite to change.
11. Contractor shall bi-annually degrease and clean all coils.
12. Contractor shall affix to the unit a maintenance sticker stating the date of the monthly
maintenance.
13. Contractor shall take field measurements and verify field conditions. Contractor shall
carefully compare such field measurements and conditions and other information provided
by the COBB before commencing activities. Errors, inconsistencies or omissions
discovered shall be reported to the COBB at once prior to commencement of work. Failure
to report conflicts to the Contract Administrator will result in contractor's corrective action
at their own expense.
14. The contractor shall be responsible to ensure frequent pick-up of all refuse, rubbish,
scrap materials, and debris that result from their operations so that work site presents a
neat and orderly appearance at all times. All rubbish, scrap, etc., shall be transported from
the premises. NQ rubbish shall be deposited as fill on the work site. At completion of work,
the contractor shall remove all work materials,tools,construction equipment, machinery, and
surplus materials from the work site and shall leave project in ready to use condition.
15. Contractor shall be responsible for the protection of all buildings, structures, and utilities that
are underground or above ground from their operations that may be hazardous and/or
damaging to said facilities.
16. Contractor shall provide due care at all times while performing any task at any COBB
controlled location to cordon off, barricade, and/or post signs to maintain a safe distance to
avoid creating hazardous condition for pedestrians, property, and vehicles.
17. The contractor shall accept full responsibility for refrigerant handling at every assigned
job/project.
18. The contractor shall provide a construction work schedule and submit it to the COBB
designated contact person. The schedule shall include estimated commencement and
completion dates.
19. Safeguard of all equipment, tools, materials, etc., at the work site is the contractor's
responsibility.
20. Contractor shall not inhibit access to the COBB facilities during pursuit of work specified
herein.
21. Contractor shall leave the work site in a neat and orderly fashion at the end of each
workday
22. All personnel (contractor or sub-contractor) shall contact the Contract Administrator prior to
C-12
commencing any work for the purpose of providing COBB escort.
23. Contractor will remedy any and all damage to property by acts of omission or vandalism which
occur as a result of their work.
24. The contractor shall be responsible for the protection of all personnel against hazards and/or
injuries due to their construction operations at the work site.
25. Contractor shall correct any and all damage caused by their operations to the COBB's
satisfaction at no additional cost to the COBB.
26. The contractor shall have an English-speaking supervisor/representative on the worksite at
all times, who shall be thoroughly knowledgeable of all plans, specifications, and other
contract documents and has the authority to act in the contractor's behalf.
27. The contractor shall be responsible for the appearance of all working personnel assigned to
the projects (clean and appropriately dressed) at all times, and their compliance with the
COBB Policies and Rules prohibiting smoking and consumption of alcohol and illegal drugs
while on COBB property. The provision or use of existing sanitary facilities will be discussed
and determined at the pre-construction meeting. All contractor and sub-contractor
personnel must have a badge, indicating clearance. The contractors name and a traceable
number must be visible.
28. Contractor shall not proceed with any project until in receipt of Purchase Order or Change
Order.
29. Contractor shall ensure all work is installed straight, level, plumb and in a workmanlike
manner. The Contractor shall, and in addition to all other guarantees, be responsible for
faulty labor or workmanship and shall promptly correct improper work, without cost to the
COBB, within 24 hours after receipt of notification of such faulty labor or workmanship. If
the Contractor fails within 24 hours to correct defects, the Owner shall be entitled to have
such work remedied; and the Contractor shall be fully liable for all costs and expense
reasonably incurred by the Owner. Payments in full or otherwise do not constitute a waiver
of this guarantee. The guarantee period shall be effective for one (1) year after acceptance
of the work by the COBB.
30. If the contractor determines additional work beyond the scope of original project is required,
the contractor must notify the Contract Administrator with details of additional work and an
itemized pricing to complete the additional work. This work shall not start until contractor is
in receipt of an approved change order. In cases of emergency, the Contract Administrator
will follow the COBB's Purchasing Department Emergency Purchases procedure as
applicable.
31. Contractor shall use only factory OEM parts while performing services and equipment under
original warranties. After-market parts will be permissible on units out of warranty period
upon COBB's approval. Prior authorization must be obtained before acquisition and
installation is performed.
32. Contractor shall be responsible for correction/replacement, according to local codes and
COBB's satisfaction, of all water lines, sanitary lines, electrical lines, curbs, sidewalks,
streets, parking lots, grassed areas, etc., broken or damaged as the result of contractor's
operations.
C-13
33. Should any contractor/employee in the performance of this contract encounter materials that
they suspect are embedded with asbestos, they should:
a. Stop all work at the site and do not disturb the area of suspicion.
b. Contact the Contract Administrator or their designee.
c. Call the appropriate trade supervisor and advise them of the discovery.
d. Leave the site until the materials can be analyzed.
34. The Contractor shall conform to all Federal, State, County, and SDPBC standards and
regulations during the performance of the Agreement. Continued violations by a Contractor
may constitute cause for immediate termination of the contract.
35. Technical Literature:
Two copies of product information, including technical and descriptive literature, shall be
provided with all new products installed in the COBB. Technical literature shall be provided
to the Contract Administrator.
36. Submittals:
Contractor is required to submit catalog cuts, specifications sheets, and any other technical
data necessary to enable proper evaluation for all materials and/or equipment which will be
utilized in the performance of each project resulting from this bid. Failure of the contractor to
provide the foregoing information may be grounds for rejection of quotes associated with this
bid.
37. Repair and Maintenance Manuals:
Three manuals containing troubleshooting procedures, parts list, disassembly instructions,
schematic diagrams, etc., shall be provided at no cost for each unit of equipment furnished
under any contract resulting from this Bid. Job will not be considered complete until all
manuals have been received.
38. Installation:
Successful vendor shall be responsible for unloading, uncrating, setting in place and making
ready for operation all items awarded. Successful vendor shall be responsible for furnishing
all labor and materials to install designated items.
Installation shall include, but not limited to, disconnect and removal of old equipment(where
replacement is involved), full and complete hook-up of new unit. Vendor shall make all final
connections. The COBB will furnish necessary services within a reasonable distance.
Disconnection and/or hook-up of units shall be accomplished only by personnel certified by
the State of Florida or Palm Beach County as being qualified to perform task involved and
demonstrate. When applicable, vendor shall be responsible for all utility locates at their
expense.
39. Inspections:
The contractor shall notify the assigned Contract Administrator of job progress and make
arrangements for COBB inspection of work performed. The contractor shall not proceed
with other work until the previous portion has been approved. Required inspections will be
outlined in the scope of each job or at pre-construction meeting. A minimum of 24 hours'
notice to the COBB must be provided for each inspection. Completion of contract shall be
defined as final inspection and subsequent sign-off by inspector/project manager, on all
work as satisfactory and acceptable to the COBB.
40. Uncovering of Work:
('-14
The contractor may be required to photograph new installations and/or repairs made
underground when a COBB Representative is unavailable. These images shall be
forwarded to the Contract Administrator. This can be done via e-mail or US Postal Service.
If any portion of the work has been covered which the COBB has not specifically requested
to observe prior to being covered or photographed, the COBB may request to see such
work and it shall be uncovered by the contractor. If such work were found in accordance
with the contract documents, the cost of uncovering and replacement shall, through
purchase order change, be charged to the COBB. If such work were found not in
accordance with the contract documents, the contractor shall pay such cost unless it is
found that the COBB or a separate contractor caused this condition, in which the event the
COBB shall be responsible for payment of such cost.
41. Service/ Repair:
All repairs shall be performed using a time and materials basis.
42. Troubleshooting:
Once the technician determines nature or cause of failure, he must provide written cost of
repairs to the Contract Administrator.
43. Final Completion (new installations):
After satisfactory completion of work and all requirements are fully and finally completed,
the COBB shall certify Final Completion and acceptance. Final payment shall not be made
until Final Certificate of Occupancy or Completion for the project is received.
Contractor shall submit the following, where applicable:
a. Final Invoice
b. Approved mechanical, electrical and structural prints and final inspection report.
c. Warranty documents
d. Operational Manuals
e. Repair Manuals
f. Parts List
44. The City will be implementing a new asset management program to assist in keeping
records of preventative maintenance of assets. All assets will be tagged with a QR code,
the contractor shall be responsible for scanning each asset at the time of the preventative
maintenance.
M. WORK HOURS:
Normal work hours shall be limited to 7:00 AM to 5:00 PM, Monday through Friday. Any work
performed outside those hours shall be approved in advance by the City.
The hourly rate charge shall commence on the job site; all travel time expenses shall be borne
by the bidder and will not be reimbursed by the COBB.
C-15
EXHIBIT B i
M
SCHEDULE OF PRICES
Preventative Maintenance
Line
Item Description Rate
1 Preventative Maintenance(per ton)0-5 tons $11.00
2 Preventative Maintenance(per ton)5-39 tons $6.50
3 Preventative Maintenance(per ton)Over 40 tons $4.75
4 Preventative Maintenance(per Unit)-Exhaust/Supply Fans Flat Roof $45.00
5 Preventative Maintenance(per Unit)-Exhaust/Supply Fans Sloped Roof $92.50
Subtotal: $ 159.75
Labor Rates - Regular
Regular Time: Monday- Friday 7:00 a.m.—5:00 p.m.
Line
Item Hourly Rates Regular—Labor Rate ' Est. Hours Total
1 Supervisor $85.00 40 $3,400.00
2 Licensed Journeyman $73.00 40 $2,920.00
3 Forman $73.00 40 $2,920.00
4 Apprentice/Helper $42.50 40 $ 1,700.00
5 Controls Technician $110.0000 40 $4,400.00
6 Service Technician $73.0000 40 $2,920.00
Summary Table
Bid Form Amount
Preventative Maintenance$ 159.75
Labor Rates-Regular$ 18,260.00
Labor Rates-Overtime(this is for internal use only, not to be considered as part of award)$29,400.00
Labor Rates-Premium (this is for internal use only, not to be considered as part of award)$29,400.00
Subtotal Contract Amount: $77,219.75
i C-16
•
EXHIBIT C
A/C and Exhaust Inventory DATE: / /
Sheet
UNIT LOCATION
FACILITY
UNIT Exhaust Fan
Manufacturer Name Manufacturer Name
Manufacturer Date Manufacturer Date
Model # Model #
Serial # Serial #
Freon Type Number of blades
Motor Size (HP) & (RPM) Motor Size (HP) & (RPM)
Electrical Supply Electrical Supply
Electrical Phase Electrical Phase
Electrical Amps (max.) Electrical Amps (max.)
Filter size(s) Fan Size
YES
Belt size(s) and model type and #'s Exterior screened No
Life expectancy Exterior screened condition
Notes:
C-17
EXHIBIT D
(PREVENTATIVE MAINTENANCE SHEET)
DESCRIPTION DATE / / Notes
FACILITY RECORD ALL FINDINGS USING THE NOTES COLUMN
UNIT UNIT LOCATION
Filter Check Change
(Write the date on the filters Check
when they are changed) Initial:
Condensation Drain Pan Clean
Initial:
Condensation Drain Line Clean
Initial:
Evaporator Coil Clean
Initial:
Blower Wheel Inspect
Initial:
Compressor Inspect
Initial:
Drive Belts Inspect
Initial:
Piping Insulation Inspect
Initial:
Pulleys/Sheaves Inspect
Initial:
Electrical Connections Inspect
Initial:
Test Motor,Record Voltage Inspect
Initial:
Test AMP draw on Motor
Freon Level
Initial:
Inspect Heater
Initial:
Calibrate Thermostat
Initial:
Lubricate necessary Parts
Initial:
TASKS FOR CHILLER TOWERS/EQUIPMENT ONLY
Cooling Tower Inspect
Initial:
Water Treatment Chemicals Inspect
Record
(Order Chemicals as Necessary) Initial:
Temperature Readings In Various Zones
Zone( )
Record
Zone( ) Record
Zone( ) Record
Zone( ) Record
Zone( ) Record
Zone( ) Record
Zone( ) Record
C-18
Initial:
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the
City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as
"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance
companies providing insurance coverages must have a current rating by A.M.Best Co.of`B+"or higher. (NOTE: An
insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The
following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE:
This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or
lower the stated limits,based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) $ 50,000.00
Broad Form Vendors Med.Expense(any one person) $ 5,000.00
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate-$1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease,Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
INSURANCEADVISORYFORM Revised 04/2021
C-19